Judge: Upinder S. Kalra, Case: BC709640, Date: 2023-03-07 Tentative Ruling

Case Number: BC709640    Hearing Date: March 7, 2023    Dept: 51

Judge Upinder S. Kalra, Department 51

HEARING DATE:   March 7, 2023                                    

CASE NAME:           Parandzem Dovlatyan, et al. v. Toyota Motor North America

CASE NO.:                BC709640

MOTION TO BE ADMITTED PRO HAC VICE

MOVING PARTY: Plaintiffs Parandzem Dovlatyan and Aram Dovlatyan

RESPONDING PARTY(S): None as of March 2, 2023.

REQUESTED RELIEF:

1.      An order granting the application for Tim D. Newsom appear as counsel pro hac vice

TENTATIVE RULING:

1.      Application to appear pro hac vice is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On June 18, 2018, Plaintiffs Parandzem Dovlatyan and Aram Dovlatyan (“Plaintiffs”) filed a Complaint against Defendants Toyota Motor North America, Inc., Toyota Motor Engineering & Manufacturing, Toyota Motor Sales, U.S.A. Inc., Toyota Motor Manufacturing, Felipe Mercado Medina, and Braulio Mercado-Guerrero (“Defendants.”) The complaint alleges seven causes of action: (1) Strict Liability; (2) Breach of Implied Warranty; (3) Breach of Express Warranty; (4) Negligence; (5) Negligent Entrustment; (6) Intentional Infliction of Emotional Distress; and (7) Loss of Consortium. The complaint arises as out of motor vehicle accident, where Plaintiff was sitting was sitting in the front passenger seat was rear-ended by a pickup truck driven by Defendant Mercado Guerrero Guerrero’s father, Defendant Felipe Mercado Medina, owned the truck and was sitting in the front passenger seat at the time of the collision. 

On September 9, 2018, Defendants Felipe Mercado Medina, and Braulio Mercado-Guerrero filed an Answer.

On November 2, 2018, Defendants Toyota Motor Sales, Toyota Motor Engineering & Manufacturing, and Toyota Motor North America, Inc., filed an Answer.

On November 5, 2018, Defendant Toyota Motor Manufacturing filed an Answer.

On March 19, 2019, Defendant Toyota Motor Corporation filed an Answer.

On May 6, 2019, Plaintiffs filed an Amendment to Complaint, Fictitious/Incorrect Name, naming Doe 2 as Adient US, LLC.

On June 14, 2019, Defendant Adient US, LLC filed an Answer.

On November 30, 2022, Tim. D Newsom, on behalf of Plaintiffs, filed an Application to be Admitted Pro Hac Vice. No Opposition has been filed as of March 2, 2023.

LEGAL STANDARD:

Pursuant to California Rules of Court 9.40, an application for appearance pro hac

vice must be served on all parties who have appeared in the case and on the State Bar of California at its San Francisco office, with payment of a $50.00 fee.

Additionally, the application must state: 

1.      The applicant's residence and office address; 

2.      The courts to which the applicant has been admitted to practice and the dates of admission; 

3.      That the applicant is a member in good standing in those courts; 

4.      That the applicant is not currently suspended or disbarred in any court; 

5.      The title of court and cause in which the applicant has filed an application to appear as counsel¿pro hac vice¿in this state in the preceding two years, the date of each application, and whether or not it was granted; and 

6.      The name, address, and telephone number of the active member of the State Bar of California who is attorney of record. 

(CRC 9.40(d).)

ANALYSIS:

            Plaintiffs move to have Tim D. Newson appear pro hac vice in the current matter. Movant has provided all the information required under CRC 9.40(d).

Conclusion:

            For the foregoing reasons, the Court decides the pending motion as follows:

Motion to be Admitted Pro Hac Vice is GRANTED.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             March 7, 2023             ________________________________                                                                                                                    Upinder S. Kalra

                                                                                    Judge of the Superior Court